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| Ex EFCC Chairman, Ibrahim Lamorde |
According to court documents made available by Festus Keyamo, his lawyer, Mr. Lamorde is also seeking an order setting aside all letters of invitation issued against him by the National Assembly to appear before them.
“An order of injunction against the 1st and 2nd Defendants restraining them from issuing any Warrant for the arrest of the Plaintiff without first issuing a Summons to the Plaintiff,” read Mr. Lamorde’s originating summons.
Joined in the suit are the Senate; the Senate Committee on Ethics, Privileges and Public Petitions, the Inspector-General of Police, and the Director-General, Department of State Services as first, second, third, and fourth Defendants respectively.
Mr. Lamorde, a police officer, was removed as EFCC chairman on November 9, four years after he took over as head of the anti-graft agency.
The former EFCC boss has been replaced by Ibrahim Magu, an Assistant Commissioner of Police and a former Head of the Economic Governance Unit of the agency, who was appointed in acting capacity.
Last August, a petitioner, George Uboh, accused Mr. Lamorde of diverting about N1 trillion proceeds of corruption recovered by the agency, prompting a Senate committee to commence an investigation.
The Senate Committee on Ethics, Privileges and Public Petitions invited Mr. Lamorde to a “meeting” on August 26 but the former EFCC boss failed to attend.
Another letter of invitation from the Senate committee was sent to Mr. Lamorde proposing another meeting for November 5.
Again, Mr. Lamorde was unable to attend the meeting.
On November 11, the Senate committee issued another invitation letter to Mr. Lamorde urging him to appear before them on November 17.
“On the 17th of November, the Plaintiff (Mr. Lamorde) could not honour the invitation as he was out of the country on his three-month terminal leave,” Daniel Ajibulu, a counsel in Mr. Keyamo’s Chambers, stated in an affidavit in support of originating summons.
“That pursuant to the foregoing, the Plaintiff handed over all obligations, responsibilities and duties pertaining to his office to Ibrahim Mustapha Magu who was appointed Acting Chairman of the Economic and Financial Crimes Commission and with the President’s approval, the Plaintiff traveled out of the country for his medical treatment.”
On November 17, Mr. Keyamo, who represented Mr. Lamorde, said he was stopped mid-way into his remarks raising objections to his client’s invitation and the unconstitutionality of investigation the former EFCC boss who had vacated office.
“Despite the protestations of the Plaintiff’s counsel, the Senate committee denied him audience and threatened to issue a warrant of arrest and compel the police and SSS to arrest the Plaintiff and produce him before it on November 24,” Mr. Keyamo said.
Among other things, Mr. Lamorde is seeking a declaration that in view of Sections 88 and 89 of the 1999 Constitution, the Senate and its committee cannot invite him to appear before them to answer questions regarding an office he had already vacated.
He is also seeking a declaration that in view of the said sections of the Constitution, the Senate and its committee cannot request him to appear before them by merely writing an invitation letter and not issuing a summon.
He is further seeking a declaration that an arrest warrant cannot be issued against him without first serving him a summon.
